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Prison Records Officer Entitled to Qualified Immunity; No Evidence of Deliberate Indifference to Sentencing Errors
On April 22, 2010, the Third Circuit Court of Appeals held that a Pennsylvania prison records officer was entitled to qualified immunity for a prisoner allegedly being confined 10 months beyond his maximum term of imprisonment.
On August 11, 1992, Miguel Montanez was sentenced to 60 months in prison with ...
On August 11, 1992, Miguel Montanez was sentenced to 60 months in prison with ...
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More from this issue:
- Prison Legal News Interviews Former Prisoner and Famous Actor Danny Trejo, by Paul Wright
- Illinois Federal Court Denies Prisoner Release Order at Cook County Jail, by Derek Gilna
- From the Editor, by Paul Wright
- Treasury Department Finds Prisoners’ Fraudulent Tax Returns Taxing, by Derek Gilna
- Prosecutors Who Commit Misconduct Are Rarely Disciplined, by Matthew Clarke
- Habeas Hints: Expert Testimony in Habeas Cases, by Kent A. Russell
- Idaho: Prison Doctor’s Treatment Fell Below Standard of Care, by David Reutter
- California DOC Complies With Population Reduction Order in Plata v. Brown, by John Dannenberg
- Ninth Circuit Reverses Grant of Injunctive Relief in Ex Post Facto Challenge to Marsy’s Law, by Michael Brodheim
- Habeas Unavailable for Federal Prisoners’ Medical Claims
- State Secrets Doctrine Requires Dismissal of Suit Involving CIA Torture Flights
- Merger Creates Largest Private Prison Medical Provider in U.S., by David Reutter
- $4,000 Settlement for Arkansas Prisoner Pepper Sprayed by Guards
- Virginia DOC Settles Lawsuit to Improve Communication for Deaf Prisoners
- U.S. Supreme Court: No Monetary Damages Against States Under RLUIPA
- Placement in Maximum Security Facility May Trigger Due Process Protections; Religious Diet Claims Remanded
- $1.2 Million Awarded Against PHS After Florida Jail Prisoner Paralyzed
- Fifth Circuit Vacates Dismissal of Habeas Challenge to Texas Parole Changes
- Report Finds Prior Incarceration Hinders Upward Economic Mobility, by Matthew Clarke
- California Prisoners Still Forced to Drink Arsenic-Laced Water, by David Reutter
- Judge Rejects Challenge to BOP’s Special Administrative Measures, by Brandon Sample
- Supreme Court Allows § 1983 Challenge to Texas Post-Conviction DNA Testing Law
- Washington Supreme Court Upholds Decision Against State Attorney General for Failure to Comply with Public Records Act
- Provision in Florida Law Prohibits Compensation to Wrongfully Convicted, by David Reutter
- U.S. Supreme Court Overturns Wrongful Conviction Suit Against New Orleans DA, Vacates $14 Million Judgment, by Derek Gilna
- Oklahoma Gladiator Discipline Results in Prisoner’s Death
- Ohio Prison Industry Cranks Out Crappy Toilet Paper, by David Reutter
- U.S. Department of Justice Seeks $28.2 Billion Budget
- Prison Records Officer Entitled to Qualified Immunity; No Evidence of Deliberate Indifference to Sentencing Errors, by Mark Wilson
- Washington Prison Guards Sue Prisoners, by Brandon Sample
- $17.5 Million Verdict for Diabetic Prisoner in New York
- Louisiana Attorney Permanently Disbarred but Not Criminally Charged for Pimping Child to Jail Prisoners, by David Reutter
- Insider Trading Charges Against Private Prison Consultant Rejected, by David Reutter
- Voting Rights Must Be “Earned” Back, Says Iowa Governor, by Brandon Sample
- Hawaii State Auditor Blasts Private Prison Contracting; State Renews Contract Anyway
- New York Prisoners Man Call Centers
- Fifth Circuit Upholds $355,000 Award Against Dallas County in Jail MRSA Case
- Federal Court Dismisses PLN’s Texas Prison Censorship Suit; Appeal Pending
- State Ordered to Reimburse Prisoner Who Was Not Allowed to Complete College Classes
- Texas Prison Phones and Emails Generate Less Revenue Than Expected
- Washington State Regulatory Agency Finds AT&T Failed to Disclose Prison Collect Call Rates, by Brandon Sample
- American “Corrections”, by Mumia Abu-Jamal
- Oregon Jail Pneumonia Death Lawsuit Settles for $905,000, by Mark Wilson
- Los Angeles Jail Guards Beat Prisoner in Front of ACLU Monitor, by David Reutter
- Terminated South Carolina Wardens Awarded a Total of $882,000, by Mark Wilson
- Sixth Circuit Reinstates Michigan Prisoner’s Denial of Toothpaste Suit
- California: Court Monitoring of Conditions at Pelican Bay State Prison Terminated
- Illinois Prison Guards Scam Workers’ Comp, by Brandon Sample
- Seventh Circuit: Court May Not Revoke Supervised Release via Videoconference, by Matthew Clarke
- Big Win for Open Government in Vermont Legislature: Attorney Fees Now Mandated for Prevailing Plaintiffs in Public Records Lawsuits, by Allen Gilbert
- Ninth Circuit Upholds Arizona’s Felon Disenfranchisement Law, by David Reutter
- $450,000 Settlement in Alabama Jail Prisoner’s Death, by David Reutter
- News In Brief
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025. Settlements, Wrongful Conviction, Wrongful Imprisonment, Murder/Felony Murder.
- Fifth Circuit Leaves Louisiana Prisoner Waiting for Reinstated Parole, Jan. 15, 2025. Parole, Overdetention, Victim's Rights to Enforce Collection.
- Eighth Circuit Affirms Denial of Qualified Immunity to Missouri Guards in Transgender Prisoner’s Suit Alleging Retaliation and Unreasonable Search, Jan. 15, 2025. Guard Misconduct, Retaliatory Searches, Qualified Immunity, Discrimination (Transgender), Immunity - Absolute and Qualified.
- Third Circuit Affirms Qualified Immunity for Pennsylvania Guards Who Pepper-Sprayed Asthmatic Prisoner, Nov. 15, 2024. Guard Misconduct, Medical Experiments/Exploitation, Pepper Spray/Tear Gas, Qualified Immunity, Guards/Staff, Immunity - Absolute and Qualified.
- Eighth Circuit Upholds Denial of Qualified Immunity to Minnesota Guard Accused of Assaulting Restrained and Compliant Prisoner, Nov. 15, 2024. Guard Brutality/Beatings, Restraints, Qualified Immunity, Immunity - Absolute and Qualified.
- Arizona Supreme Court Allows Third PCR Motion Based on IAC for Erroneous Advice About Parole Eligibility Due to ‘Pervasive Confusion’ Regarding Parole Within Legal Community, Nov. 1, 2024. Parole, Ineffective Assistance of Counsel, Remands/Rehearings/Resentencings.
- Iowa Qualified Immunity Law Lets County Off the Hook for Guard’s Sex Abuse of Jail Detainee, Oct. 15, 2024. Staff-Prisoner Assault, Qualified Immunity, Immunity - Absolute and Qualified.
- First Circuit Affirms Qualified Immunity for Massachusetts Officials Who Held Prisoner in Solitary for Two Years Without Hearing, Sept. 15, 2024. Qualified Immunity, Control Units/SHU/Solitary Confinement, Hearings.
- The Catch-22 of Qualified Immunity, Aug. 15, 2024. Police Misconduct, Qualified Immunity, Immunity - Absolute and Qualified.
- Exonerated Prisoner Sues New York City for 16 Years of Wrongful Incarceration, July 1, 2024. Wrongful Conviction, Wrongful Imprisonment.